Taxes and Child Custody: Who Can Claim the Child as a Dependent? (And Other Exemption Questions)

When it comes to your taxes,
who gets to claim the child
on their tax return as a dependent
when you're divorced or separated?

Whether you're in the middle of a divorce, already have the decree, or are separated from your ex, you may find you have a number of questions in regards to how you'll be filing your income taxes from here on out.  I'm Dennis Gac, and as an advocate for fathers' rights, I hear a lot of questions and horror stories about how come tax time, no one wants to follow the rules in regards to claiming a child as a dependent and filing as Head of Household on their taxes.  Here is a list of the most common questions I receive regarding taxes and child custody.  Click on each question to be led to the post with the answer and explanation as to what should be done in each situation.


I have a court order saying that I have the right to claim the tax deduction on my child even though I'm the non-custodial parent, but the IRS tax laws state that the person that the child stays with more than half the year (in my case, the custodial parent) receives the tax deduction.  Which rule do I follow?

There is no court order in regards to who gets to claim our children on their taxes each year.  IRS code states that the custodial parent (or the parent with whom the child lives with) automatically receives the tax deduction.  What happens if I have no court order regarding who gets to claim the child, and I have joint physical custody of my children?

I am in the middle of a divorce right now with my wife, and plan on filing married, filing separately for taxes.  If we don't have a court order as to who gets to claim the child on their taxes, how do we determine who gets the tax credit for my son?

Does the custodial parent automatically get the tax deduction for children each year?

Are child support payments tax deductible?

In my divorce decree and parenting plan for my children, the court ordered that I would get the tax exemption for my children each year.  My ex-wife is telling me that she is going to file before me and claim the children and head of household to get a bigger tax return.  What do I do?

What is the IRS Form 8332 and what would I need it for?

I receive child support payments from my ex.  Do I have to claim this on my taxes as income?

Understanding a Financial Power of Attorney

Go to fathershelphotline.com
to order yourself a copy
of the Asset Protection
Plan eBook, which covers
wills and living trusts
for fathers.

A financial power of attorney (or POA) is giving another person or agent the authority to make financial decisions on their behalf. Normally, people get nervous over this thought. However, a person can assess the need of a financial power of attorneybased on his current lifestyle.

In doing this, there are valid reasons to consider for an issuance of a POA. A need must be determined before doing this. It must be noted that a power of attorney is a legal document that allows someone to conduct/implement business on your behalf. Therefore, confidence and trust to the person issued a power of attorney must be ensured. A power of attorney may come in as financial and medical.

A medical power of attorney must be have a specific information on who can make medical decisions in times that someone becomes incapacitated. During times of incapacity, this person will make decisions for you as you not able to make valid decisions for yourself. However, experts advise that financial powers of attorney should not include medical information.

On the other hand, a financial POA has two types, the durable and the non-durable. The difference of these two types of power of attorney must be very clear to the person doing this. In most cases, people use the durable powers of attorney in the event that a chronic illness is being involved or the future when it will be foreseen that such illness can be disruptive to the person. Regardless of what purpose there is, a person must ensure his security before issuing a POA.

Scenarios of Dying Without a Fathers' Rights Will

Most fathers right now are not completely aware of how important a will is, especially when they have minor children. This may be because of lack of education and they do not feel the need as it is not something being widely practiced. Browse through The Fathers' Right Asset Protection Plan by Dennis Gac to discover why will is something that should be given attention at this day and age.

• Unmarried fathers: The law says that when a single father dies, all of his wealth will directly be distributed to all of his children. In case the child is not of legal age or minor and there is no will created, the court will nominate a guardian and at the same time an administrator of all the father's properties until such time that the children are able and of legal age. The risky part here is that the person who will be entrusted with your possessions and children may not be the person you would like to assume the position.
• Married fathers: Negating the public perception, the entire wealth of the decedent patriarch will not automatically be given to the spouse. At least one-half or one-third of all assets will be awarded to the spouse if there is no will executed. The remainder will be divided among the children. Now, what if divorce is on-going. The amount you want your children to receive may not be given to them because the law states the above-mentioned provisions in case of death and will is non-existent.

It is important to have a will no matter where you are in your stage of life, married with or without children. Knowing who will have custody of your children and who will receive assets and property after your death will help ease any confusion and anger that may be left behind you.

Understanding a Will and How it Pertains to Fathers' Rights

Most fathers today are not fully educated on many issues governing their roles as the head of the family and their rights over their properties. Perhaps, it is about time for you to read The Fathers' Right Asset Protection Plan by Dennis Gac. This very comprehensive material enumerates critical issues and rights a father must assert. One of the focuses of this book is understanding the importance of a will.

Dying without a will is essentially the act of leaving all your assets and properties to the state. The danger here is that your valued possessions may be given to a person you distrust. To further document your intentions on how you want your wealth to be distributed when you pass away, it is recommended that you execute a will. Specifics like giving your vacation house at French Riviera to your eldest daughter, your ancestral house in Spain to your 2nd son will be enclosed with a will, or that 60% of your corporation be given to a chosen charitable institution.

More than the re-allocation of your assets, a will is very important when you have minor child or children. A will allows a parent to nominate a guardian who will be responsible of the minor's welfare. Although courts have the final say when talking about child custody, they would normally honor the deceased parents' wishes. Without a will, the state will be the one to nominate a guardian for the child. What is risky about this is your child may live with someone you do not completely trust, or, depending on the relatives and family around the area, they may end up being placed in foster care after your death. This typically goes against the standard wishes of parents, so naming someone as a guardian is an important thing to address in your will.

The Growing Trend of Stay-at-Home Dads

Who says its all up to the woman to cook, clean, and care for the kids?  These days, the growing trend of stay-at-home daddies is continuing to rise, despite the economy.

There are many reasons why stay-at-home dads are on the rise.  In this story posted by Conducive Chronicle, one particular stay-at-home dad in this article was faced with a layoff due to the company he worked for going bankrupt.  His partner was climbing the corporate ladder, but was being held back with the stress of raising children and caring for the home.  They easily switched roles and haven't been happier!

Another situation describes a father who took paternity leave, and ended up never going back to work.  As he stated, "I had the better temperament and my wife had a much better job."

This reversal in gender roles is embraced by many, but questioned by some.  Aren't mothers the "nurturers?"  The men are supposed to be "hunter/gatherers" while the women are supposed to "prepare the food and care for the children."  ...right?  Wrong.  This modern society brings about a whole new group of stay-at-home parents, and you never know when you could be the next Mr. Mom!

Read more about the growing trend of stay-at-home dads at Conducive Chronicle.

Father Gets Rights by Judge to Baptize his Child in the Catholic Church

A huge step in courtroom rulings happened last week—a judge ruled that a father from Illinois could have his child baptized within the Catholic church, which was the religion that he was raised with. This happened after an extended court battle with his ex-wife during their divorce case. This is an amazing step for courts, and now this brings up the question of how much a judge can intervene when it comes to the religious upbringing of children of divorce.


Read more about this story at PRNewsWire.com regarding this successful breakthrough in the courts for fathers’ rights!

WCCO Article Discussing the Shift in Family Courts

When it comes to divorce and custody cases in the family law courtroom, it seems that there has been a substantial shift that gives fathers a new "edge" against their wives when it comes to getting custody of their children.  

Minnesota's WCCO News anchor Jason DeRusha recently delved into the amazing shift happening in family law courtrooms, the fact that judges are loosening up in terms of their "biased" favoritism of women who come forward, wanting sole custody of their children.

Pamela Waggoner of the Minnesota Bar Association, stated, "I think it's a reflection of a change in society. You no longer have the traditional family unit where there's one breadwinner and one stay at home parent. Right now, you have two people -- where both people work,"  No longer can anyone rule in favor of the "tender years doctrine," which claimed younger children were automatically better off with their mother due to the care-taking responsibilities that mothers once had as stay-at-home moms and homemakers.

To read more about this amazing breakthrough in family law, check out the WCCO article by Jason DeRusha here.

Dayton, Ohio Adoption Case Strengthening Father's Rights for their Children

In Dayton, Ohio, one case regarding an adopted two-year-old girl has brought national attention to adoption rules and how the "system" works when it comes to a father's rights to their children and their ability to stop adoption proceedings that occur without their okay.

The article from The Columbus Dispatch quotes Susan Eisenman, an adoption lawyer from the Upper Arlington area: "I don't think it's hit people yet just how persuasive this might be...if the guy doesn't want the adoption to go forward, all he has to do is file a paternity suit."

This might be a big step for fathers' rights in the eyes of the adoption industry.  Read more here!

--National Brotherhood of Fathers' Rights

Finally, One Country GETS IT!

I'm appalled that the United States court has NOT had such a positive ruling for fathers like Germany has recently put into place.  As stated in this article on this website, "Germany's constitutional court gave unmarried fathers greater custodial powers...when judges said the current law violates basic parental rights."

"The constitutional judges said there was nothing wrong with initially granting custody to the mother if a child is born out of wedlock; however, they said it infringed on the father's rights if he had no legal recourse to challenge that decision or request joint custody."

Finally, someone GETS IT!  Read more about this story here, and lets continue to fight in the US for the same parental rights deemed appropriate for Germany.  If it's good enough for Germany, it's good enough for us!

National Brotherhood of Fathers' Rights is on Facebook! Come Join Us!

As some of you may have already noticed, we're on Facebook!  Please, check us out, "like" us, and spread the love to your friends--invite everyone you know that believes that both parents are best to join our cause!  Fathers have rights, too, and the more people know, the more they will understand the importance of fatherhood in every child's life!  Hopefully, down the line, we can all band together to eliminate sexism in the courtroom and show that a child with their father in their lives is the best possible outcome of any divorce!  Click the link below to go to our Facebook fan page to "like" us and share with the ones you love!

National Brotherhood of Fathers' Rights on Facebook!

Thank you for your continued support!

One Father Speaks Out About His Struggles With The Courtroom and Fathers' Rights

Rodney Gehly wrote the "Father's Rights Song" that was recently posted on YouTube for all to enjoy.  It talks about the struggles with what's really, truly right and in the best interest of the children, and speaks from the heart.

I wrote this song awhile back when I was in the middle of a divorce. I feel very fortunate that I have joint custody of my two sons. I was amazed at the blatant, open discrimination that fathers face in our so-called "justice" system. Every divorced father that I speak with seems to have a horror story to tell regarding their financial and custody arrangement handed down by a judge.

What's even more amazing is that this corrupt system continues every day here in America. Women are very hype to how this system works and file for a "protective order" or "restraining order" merely as a tactic to gain custody of the children...which also by default will gain her the home and child support. A woman can commit adultery and still be awarded everything in court. As long as judges keep rewarding the bad behavior of some women...the more this manipulation will continue.

"No Fault" divorce is not working and a very big part of the problem. What would happen if we took this concept of "No Fault" into the business world?  You could simply choose not to honor any contracts signed. The business world would fall apart overnight. Guess what?..that's what has happened in the "marriage" world and it has fallen apart. Our court system is basically a cash cow for low life attorneys, biased judges, and bad women.  

I want to state that I appreciate the many good women that love God and their families. And I hope you enjoy the song...it's meant to encourage fathers to not give up.

This song is for every man out there that feels as though they have hit rock bottom in the courtrooms, that feel as though the system is not on their side, and who are looking for that light at the end of the tunnel.  Enjoy!

Welcome to the Fathers' Rights Help blog!

Thank you for visiting the Fathers' Rights Help Blog, started and maintained by one of the world's premier fathers' rights mentors, Dennis Gac.

When it comes to fighting for your rights as a father in the courtrooms, whether it be gaining custody of your child and setting up child support payments from an ex-girlfriend or fighting your ex-wife for visitation or custody of your children from your marriage, Dennis Gac can help advise you as to how to find success in the courtroom, regardless of the "pro-Mother" courtroom and family law.

This blog will be a constant and continual source of information for fathers looking to gain custody of their kids, increase their visitation, or for anyone looking to help someone that they know that is losing their battle in the courtroom.  We will include up-to-date information on changing custody arrangements allowed in family law, tips and techniques to help you find success in the courtroom, and even common questions and answers that fathers (and the ones that love them) tend to ask during legal battles.

We hope that you continue to visit the Fathers' Rights Help Blog (conveniently located at fathersrightshelpblog.com--bookmark it now!), and follow it regularly to ensure you have the latest information and the positive techniques and tricks that you can use in order to succeed in the courtroom and get the chance to enjoy fatherhood to its fullest!

Dennis Gac
Founder of the National Brotherhood of Fathers' Rights
http://www.fathershelphotline.com